Sunil Kumar vs State & Anr.
2020 Latest Caselaw 1411 Del

$~45
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision:02.03.2020

+      CRL.M.C. 1197/2020
       SUNIL KUMAR                                         ..... Petitioner
                           Through      Mr.M.Husain, Adv.

                           versus

       STATE & ANR.                                        .... Respondents
                           Through      Mr.Izhar Ahmed, APP for State with
                                        SI Sachin Yadav and Insp.Anuj
                                        Kumar, PS Vikaspuri
                                        Mr.Man Mohan Singh, Adv. for R-2
                                        with R-2 in person
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                           J U D G M E N T (ORAL)

Crl. M.A. 4639/2020 (for exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.A.4640/2020 (for condonation of delay)

3. In view of reasons stated in the present application, delay of 40 days

in re-filing petition is condoned.

4. Application is, accordingly, allowed and disposed of.

CRL.M.C.1197/2020

5. Vide the present petition, petitioner seeks direction for quashing of

FIR No. 289/2009 dated 13.10.2009 registered at Police Station Vikaspuri,

Delhi and consequent proceedings arising therefrom.

6. Notice issued.

7. Notice is accepted by learned APP for State and by counsel for

respondent No. 2 and with the consent of counsel for parties, present petition

is taken up for final disposal.

8. Petitioner and respondent No. 2 got married on 18.07.2002 as per

Hindu rites and rituals and one girl child was born out of that wedlock,

namely Gungun. Due to extreme incompatibilities between petitioner and

respondent No. 2, they started living separately from 14.09.2005.

9. Petitioner and respondent No. 2, have entered into an amicable

settlement before the Counselling Cell, Family Courts, Delhi vide

Settlement Deed dated 13.12.2018 and have settled all their disputes

amicably.

10. Respondent No. 2 is present in person, who has been identified by

Insp. Anuj Kumar (SHO), and submits that matter has been settled and she

does not wish to prosecute the matter any further.

11. The total settlement amount is ₹7,00,000/- (Rupees Seven Lakhs

only). It is submitted that respondent No. 2 has already received an amount

of ₹4,00,000/- (Rupees Four Lakhs only). A demand draft bearing

No.330922 dated 17.2.2020 for the balance amount of ₹3,00,000/- (Rupees

Three Lakhs only) is handed over to respondent No. 2 today in this Court.

12. Taking into account the aforesaid facts, this Court is inclined to quash

aforementioned FIR as no useful purpose would be served in prosecuting

petitioner any further.

13. For the reasons afore-recorded, FIR No. 289/2009 dated 13.10.2009

registered at Police Station Vikaspuri, Delhi and consequent proceedings

emanating therefrom are hereby quashed.

14. The petition is, accordingly, allowed and disposed of.

15. Order dasti.

(SURESH KUMAR KAIT) JUDGE MARCH 02, 2020/rk